[Adopted 4-29-2014 by L.L. No. 13-2014]
A.
This Legislature hereby finds and determines that hydraulic fracturing
is a technology used to extract fossil fuels that have collected in
layers of porous rock. This Legislature also finds that this technology,
commonly referred to as "hydrofracking," involves the high-pressure
injection of fresh water mixed with chemicals and sand through a well
into a rock formation, which causes fractures in the rock and the
release of natural gas which is captured for further processing and
use. This Legislature determines that a certain percentage of the
highly toxic fracturing fluid mixture, commonly referred to as "flowback
water," returns to the surface with the gas and additional contaminants,
including volatile organic compounds, heavy metals, high-salinity
brine and radioactive elements.
B.
This Legislature also finds that the County of Suffolk previously
recognized the environmental and public health concerns associated
with the by products of hydrofracking, prohibiting the County's sewage
treatment facilities from accepting the byproducts of hydraulic fracturing
(Resolution No. 244-2012) and prohibiting the use of hydraulic fracturing
brine on County property or roadways (Resolution No. 1006-2012). This
Legislature further finds that several states and municipalities,
including the Counties of Westchester and Rockland, have enacted laws
to prohibit the use or sale of hydrofracking byproducts within their
jurisdictions. This Legislature concludes that the County of Suffolk
must take additional steps at this time to ensure that the waste products
generated by hydrofracking do not threaten the environment of Suffolk
County or the health of its citizens. Therefore, the purpose of this
article is to prohibit the sale of hydrofracking byproducts in Suffolk
County, to bar the introduction of these byproducts into the County's
wastewater treatment facilities and to prohibit the use of these byproducts
on any roads within the County's boundaries.
As used in this article, the following terms shall have the
meanings indicated:
The physical act of placing or spreading natural gas waste
on any road or real property located within the County of Suffolk.
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
All geologic or geophysical activities related to the exploration
for or extraction of natural gas or other subsurface hydrocarbon deposits,
including, but not limited to, core and rotary drilling and hydraulic
fracturing.
Any waste that is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMS") and heavy metals. Natural
gas waste includes, but is not limited to, leachate from solid wastes
associated with natural gas extraction activities.
A.
The introduction of natural gas waste into any wastewater treatment
facility, within the County of Suffolk or operated by the County of
Suffolk, is prohibited.
B.
The sale of natural gas waste within the County of Suffolk is prohibited.
C.
The application of natural gas waste on any road or real property
located within the County of Suffolk is prohibited.
This article shall apply to actions occurring on or after the
effective date of this article.
[Amended 12-2-2014 by L.L. No. 5-2015]
This article shall take effect immediately 60 days after its
filing in the office of the Secretary of State.
